# Miller v. State

> Court of Criminal Appeals of Texas · November 11, 1959 · 168 Tex. Crim. 570

URL: https://www.frixlaw.com/law-library/cases/9671704

## Case

- **Full name:** Larry Joe Miller v. State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** November 11, 1959
- **Citations:** 168 Tex. Crim. 570; 330 S.W.2d 466; 1959 Tex. Crim. App. LEXIS 2657
- **Precedential status:** Published
- **Opinion:** Dissent by Davidson
- **Judges:** Dice, Davidson
- **Cited by:** 54 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9671704

## How later opinions describe it (automated extraction)

- holding that probation officer=s five-month delay in reporting appellant=s violation did not preclude its use as a basis for revocation

## Opinion text

DAVIDSON, Judge,
(dissenting).
This appellant’s parole was revoked by reason of his violation of the terms and conditions thereof by violating the laws of this state.
*574 The trial judge found appellant guilty of those violations and, upon that finding, revoked the parole and ordered him to the penitentiary, without which adjudication the probation would yet be in force.
So this man goes to the penitentiary not because he has been lawfully indicted, tried, and found guilty of violating the laws of this state but because he has been judicially tried and by judicial decree convicted of such violations, all without the semblance of an indictment and trial by jury.
I have expressed myself upon the subject of revoking parole without according a trial by jury. Leija v. State, 167 Texas Cr. Rep. 300 , 320 S.W. 2d 3 ; Gossett v. State, 162 Texas Cr. Rep. 52 , 282 S.W. 2d 59 .
I dissent to the affirmance of this case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9671704. Public record. Not legal advice.